DCPREZ-2014-10753 - Laserfiche WebLink

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Declaration FOR CONSIDERATION,and intending to be legally sound,Declarant hereby declares as follows: I. Grant of Easement. Declarant hereby declares an easement •ver the Easement Property for the benefit and use of the owner of the 42 Acre Parcel, as ell as members of the public who are lawfully using the 42 Acre Parcel ("Driveway 1 . ement"). The Driveway Easement is for the sole purpose of ingress and egress, includi g passage of pedestrian, equine and agricultural and other vehicular traffic, from and b: een the 42 Acre Parcel and County Highway D. 2. Nonexclusive. The Driveway Easement is non-exclusive, and d e owners of Lot 1 will have the full right, for themselves and their tenants,and all co .ctors, invitees, licensees,guests and permitees of said owners and tenants, to se all of Lot 1 and the Driveway Easement for driveway and access purposes. 3. Use. The Driveway Easement may not be used for any pu lose inconsistent with the purposes specified in this Declaration. No owner of either Lot 1 or the 42 Acre Parcel may permit the Driveway Easement area to be obstructed by parked vehicles,the placement of dirt or snow thereon, or otherwise. No owner of either Lot I s r the 42 Acre Parcel may permit its tenants,contractors,invitees, licensees,guests,or pe itees to make any improper use of the Driveway Easement. Any obstructions or impedimen is to the use of the Driveway Easement may be removed without notice by any owner and the ost of the removal shall be borne by the owner causing or responsible for such obstruction. If permissible under then- existing ordinances, the 42 Acre Parcel may at some future da - be subdivided. If such a subdivision occurs,the resultant parcels shall be served by the a riveway Easement and be equally subject to the benefits and burdens of this Declaration. 4. Maintenance. A. All costs of repairing, maintaining and replacing the Drive ay Easement in its present condition shall be the obligation of the owner of Lot 1, exce it that the Owner of the 42 Acre Parcel may at its option and expense and from time to time, repair, maintain and improve the Driveway Easement. B. Each owner shall each be responsible for any damage t ey, their tenants, guests, licensees, invitees, or their tenant's guests, licensees, or i vitees may cause, either intentionally or through negligence,to the Driveway Easem- t. The owner responsible for said damage shall promptly make all needed repairs resto ng the Driveway Easement to the condition it was prior to such damage. In the event tha the owner responsible for the damage fails to promptly make all needed repairs,after 15 days' written notice, the other owner may undertake the necessary repairs in which e ent the owner causing the damage shall reimburse the other owner for the cost of the r pairs within 30 days. 2